The Prosecutor v. Clément Kayishema and Obed Ruzindana

Court	International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Case number	ICTR-95-1-T
Decision title	Judgement / Sentence
Decision date	21 May 1999
Parties	The Prosecutor Clément Kayishema Obed Ruzindana
Categories	Crimes against humanity, Genocide, War crimes
Links	Judgement Sentencing

Summary

The present case concerned two Accused, Clement Kayishema and Obed Ruzindana. Kayishema, born in Kibuye Prefecture, Rwanda, was educated as a medical doctor and elected prefect of Kibuye in July 1992, a position which he held until July 1994. Ruzindana was also born in Kibuye prefecture and was a successful businessman.

The Prosecution charged Kayishema with genocide, crimes against humanity (murder, extermination, other inhumane acts) and war crimes for his role in the massacre at the Catholic Church and Home St. Jean on 17 April 1994, in the massacre at the Stadium in Kibuye Town on about 18 April 1994, in the massacre at the Church in Mubuga on about 14 April 1994 and in the massacres in the area of Bisesero from about 9 April 1994 through 30 June 1994. The Prosecution charged Ruzindana with genocide, crimes against humanity (murder, extermination and other inhumane acts) and war crimes for his role in the massacres in Bisesero.

On 21 May 1999, Trial Chamber II of the ICTR convicted Kayishema and Ruzindana on the counts of genocide and dismissed the other counts. The Chamber sentenced Kayishema to life imprisonment and Ruzindana to 25 years' imprisonment.

Procedural history

Kayishema and Ruzindana were initially charged in the original indictment with conspiracy to commit genocide, genocide, crimes against humanity and war crimes. The indictment was confirmed on 28 November 1995, but on 6 May 1996 Judge Pillay ordered that the indictment be amended to remove the conspiracy charges.

According to the amended indictment, Kayishema was charged with genocide, crimes against humanity (murder, extermination, other inhumane acts) and serious violations of article 3 common to the Geneva Conventions and Additional Protocol II. These charges were based on his role in the massacre at the Catholic Church and Home St. Jean on 17 April 1994, in the massacre at the Stadium in Kibuye Town on about 18 April 1994, in the massacre at the Church in Mubuga on about 14 April 1994 and in the massacres in the area of Bisesero from about 9 April 1994 through 30 June 1994. Mr. Ruzindana was charged with genocide, crimes against humanity (murder, extermination and other inhumane acts) and serious violations of Article 3 common to the Geneva Conventions and Additional Protocol II for his role in the massacres in Bisesero.

Related developments

Both of the Accused and the Prosecutor appealed against the Trial judgment. The Appeals Chamber dismissed the appeals of both Accused and found the Prosecution’s appeal inadmissible.

Legally relevant facts

The Trial Chamber did not find any merit in the alibi defence advanced by Kayishema and found Ruzindana’s alibi defence insufficient to raise doubt in relation to his presence in Bisesero during the massacres (paras. 257, 272).

The Chamber found that it was proven beyond reasonable doubt that Kayishema had been present and had participated in the 17 April 1994 massacres at the Home St. Jean Catholic Church Complex (para. 344).

With regard to the attack at the Stadium in Kibuye, the Chamber was satisfied that the on 18 April 1994 Kayishema had been present there and had ordered his subordinates to attack the Stadium (para. 376).

The Chamber further concluded that Kayishema and his subordinates had been present and participated in the attacks at Mubuga Church between 14 and 16 April 1994 (para. 404).

The Chamber was also satisfied that both Accused had been present and played a leading role in directing the perpetrators of the massacre at the site simply called the ‘cave’, located in Bisesero Sector (para. 438).

The Chamber also found that Ruzindana had been present and had had a pivotal role in the massacres at Bisesero Hill during the second half of April 1994 and in the vicinity of Muyira Hill in June 1994 (paras. 448, 452).

Core legal questions

Whether the Indictment was precise enough to enable an adequate defence to be advanced.
Whether the two-stage test contained in Article 6(1) of the Statute in order to establish individual criminal responsibility, that is demonstration of (i) participation and (ii) knowledge or intent, was satisfied in the case of the two Accused.
Whether a finding of responsibility under Article 6(1) of the Statute prevents the Trial Chamber from finding responsibility additionally, or in the alternative, under Article 6(3) of the Statute.
In what instances a civilian can be considered a superior for the purposes of command responsibility pursuant to Article 6(3) of the Statute.
What the appropriate sentence would be, in case the Accused were found guilty.

Specific legal rules and provisions

Articles 2, 3, 4, 6(1),(3), 8, 15, 17, 20(2),(4)(b),(d),(3), 22(1), 23(1),(2), 26 and 27 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 67(A)(ii),(B),(C), 72(B)(ii), 73, 75, 85, 86(C), 99, 100, 101, 102(A), 103 and 104 of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.
Article 3 common to the Geneva Conventions and of Additional Protocol II thereto.

Court's holding and analysis

The Chamber found that it was beyond any doubt that Kayishema had exercised de jure power and de facto control over the bourgmestres, communal police, gendarmes and other law enforcing agencies identified at the massacre sites. As a result, the Chamber held that Kayishema was individually criminally responsible, pursuant to Article 6(3) of the Statute, for the crimes committed by his subordinates at the Home St. Jean and Catholic Church Complex, the Stadium and the Bisesero area (paras. 489, 501, 506).

The Trial Chamber further found that Kayishema not only knew of the crimes committed, but failed to prevent those under his control from committing these massacres (para. 516).

The Chamber found Kayishema guilty of genocide under Articles 6(1) and 6(3) of the Statute for his role in the events at the Complex on 17 April 1994, in the Stadium by 18 April 1994, at the Mubuga Church on 15 and 16 April 1994 and in the area of Bisesero from April to June 1994 (paras. 554, 558-559, 562-563, 568-569).

The Chamber also held Ruzindana individually responsible under Article 6(1) of the Statute for his role in the events in the Bisesero area (para. 571).

The Chamber dismissed the charges of crimes against humanity and war crimes for both Accused (paras. 579, 588-589, 624).

In his separate and dissenting opinion, Judge Khan disagreed with the majority's view that the charges of crimes against humanity (murder and extermination) were improper and untenable (para. 1).

After taking into account the gravity of the offences, the aggravating and mitigating circumstances of both Accused, the Trial Chamber sentenced Kayishema to life imprisonment and Ruzindana to 25 years' imprisonment (para. 32 of the sentencing judgment).